Offc Action Outgoing

POWER SEARCH

FRY'S ELECTRONICS, INC.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/524958

APPLICANT: FRY'S ELECTRONICS, INC.

CORRESPONDENT ADDRESS:

ALDO J. TEST

DORSEY & WHITNEY LLP

SUITE 3400, FOUR EMBARCADERO CENTER

SAN FRANCISCO, CALIFORNIA 94111-4187

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom114@uspto.gov

MARK: POWER SEARCH

CORRESPONDENT’S REFERENCE/DOCKET NO: TA-72233/AJT

CORRESPONDENT EMAIL ADDRESS:

Please provide in all correspondence:

1. Filing date, serial number, mark and

applicant's name.

2. Date of this Office Action.

3. Examining Attorney's name and

Law Office number.

4. Your telephone number and e-mail address.

OFFICE ACTION

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.

Serial Number 76/524958

The assigned examining attorney has reviewed the referenced application and determined the following.

No Conflicting Marks

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 1105.01.

Recitation of Services

The recitation of services is unacceptable as indefinite. The applicant may adopt the following recitation, if accurate:

Class 35: Online retail store services featuring DVD’s

TMEP section 1301.05.

The term "sales" in the identification of services as filed is unacceptable because selling is not considered a service that is rendered for the benefit of someone other than applicant. In re Canadian Pacific Limited, 754 F.2d 992, 224 USPQ 971 (Fed. Cir. 1985); In re Betz Paperchem, Inc., 222 USPQ 89 (TTAB 1984); In re Integrated Resources, Inc., 218 USPQ 829 (TTAB 1983); TMEP §§1301.01 et seq.

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. Section 2.71(a); TMEP section 804.09. Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.

General Information

For your convenience, the Trademark Status Line, (703) 305-8747, has been established for immediate case status inquiries, and is available Monday through Friday, from 6:30 a.m. until

Midnight, Eastern Standard Time.

If the applicant has any questions or needs assistance in responding to this letter, please telephone the assigned examining attorney.

/Ann K. Linnehan/

Trademark Attorney

Law Office 114

703/308-9114 ext. 427

ecom114@uspto.gov

(email for formal responses only)

How to respond to this Office Action:

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.